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2023 Supreme(Jhk) 313

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J.
Mahendra Nath Tiwari, Son of Late Yamuna Tiwari – Appellant
Versus
State of Jharkhand – Respondent
W.P. (S) No. 793 of 2021, W.P.(S) No.5018 of 2022
Decided on : 15-06-2023

Advocates:
Advocate Appeared:
For the Appellant :Mr. Saurav Arun, Mr. Sharon Kerketta, Advocate, Mr. Oishi Das, Advocate, Mr. Shresth Gautam, Adv, Mr. Yogendra Yadav, Adv, Mr. R. Singh, Adv., Mr. Om Prakash, Adv
For the Respondent:Mr. Darshana Poddar Mishra, Mr. Suresh Kumar, Mr. Reepak Kumar Singh, Mr. Anoop Kumar Mehta, Adv, Mr. Amit Kumar Sinha, Adv., Mr. Manish Kumar, Adv., Dr. Ashok Kumar Singh, Adv, Ms. Shivani Singh, Advocate

Headnote:

UGC Regulation, 2018 – Service Law - Non-teaching employees - Payment of Leave Encashment - Gratuity – Held, In particular fact that statute by way of notification has been published o wherein at Chapter 7 admissibility of maximum period of leave encashment has been mentioned, Director, Higher Education vide communication datedclarified that prior to cut-off date i.e., date of notification dated admissibility of maximum period of leave encashment will be 180 days and after it will be 300 days, which petitioners have challenged - Court on basis of discussions made hereinabove is of view that so far as claim of the writ petitioner for holding them entitled for admissibility of maximum period of 300 days prior is having no substance - Prayer made in this respect is hereby rejected - In view thereof, communication by way of letter dated issued by Director, Higher Education requires no interference by this Court - Writ petitions are disposed of

Judgement Key Points

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

How to determine the admissibility of leave encashment up to 300 days for university employees under UGC Regulation, 2018 in Jharkhand?

What is the status and date from which gratuity of Rs. 20,00,000/- must be paid to teaching staff at par with State Government employees under amended Section 71 of the Jharkhand University Act?

What are the rights of petitioners regarding recovery of excess leave encashment/ gratuity payments already disbursed prior to the Court’s decision?


JUDGMENT :

All the writ petitions since are having common issues as such they were tagged to be heard together and with the consent of learned counsel for the parties they are taken up together and are being disposed of by this common order.

2. Prayer in W.P. (S) No. 793 of 2021

    (a). For issuance of writ(s)/order(s)/direction(s) or particularly a writ in the nature of mandamus commanding upon the respondents to consider the case of the petitioner for payment of Leave Encashment at par with the non-teaching employees of the College and the University of the State and also full gratuity of Rs. 20,00,000/- as per 7th Pay Revision with effect from 01.01.2016 at par with the State Govt. Employees and Officers as per Rules and Regulation;

(b). For issuance of writ(s)/order(s)/direction(s) or particularly a writ in the nature of mandamus commanding upon the respondents to pay the Leave Encashment and Gratuity amount immediately and forthwith;

(c). For issuance of writ(s)/order(s)/direction(s) or particularly a writ in the nature of certiorari for quashing of letter dated 28.07.2022 (Annexure 11) by which the cut-off date has been fixed for grant of Leave Encashment for the University employees against the UGC Regulation, 2018 as the Executive Order cannot be superseded by the Statutory Act/Statute whereas all the Universities have notified the benefits of Leave Encashment for 300 days, now the Govt. cannot deprive the other similarly situated persons by passing such impugned order that too by the said Executive Order.

Prayer in W.P. (S) No. 5018 of 2022

(a). For issuance of writ(s)/order(s)/direction(s) or particularly a writ in the nature of certiorari for quashing/setting aside letter dated 28.07.2022 (Annexure 3) issued by the Higher Education to the Vice Chancellor, Vinoba Bhave University, copy of which was also sent to the Vice Chancellor, Ranchi University alongwith other Universities wherein the cut off date for grant of Leave Encashment to the tune of 300 days for the University Employees has been fixed as 06.08.2021 in supersession of the statute as well as the UGC Regulation, 2018 insofar as an Executive Order cannot supersede Statutory Act/Statute.

(b). For issuance of writ(s)/order(s)/direction(s) or particularly a writ in the nature of mandamus commanding upon the respondent/s concerned to forthwith pay the amount of leave encashment to the tune of 300 days, with interest in terms of the Resolution dated 06.08.2021.

(c). For issuance of writ(s)/order(s)/direction(s) or particularly a writ in the nature of mandamus commanding upon the respondent/s concerned to forthwith pay the amount of gratuity enhanced vide notification dated 29.03.2018 as per the 7th Pay Revision with effect from 01.01.2016 with penal interest.

Prayer in W.P. (S) No. 511 of 2023

(a).For issuance of writ(s)/order(s)/direction(s) or particularly a writ in the nature of certiorari for quashing/setting aside letter contained in memo no. PEN/827 dated 20.01.2023 (Annexure 3) issued by the Registrar, Ranchi University, Ranchi whereby and whereunder the respondents have passed an order for recovery/deduction from pension of an amount of Rs.10,90,204/- (granted to him as Earned Leave at the time of his retirement on 31.12.2021) which shall be recovered one time or in 24 equal installments starting from January, 2023.

(B).For issuance of writ(s)/order(s)/direction(s) or particularly a writ in the nature of certiorari for quashing/setting aside letter dated 28.07.2022 (Annexure-4) issued by the Director, Higher Education to the Vice Chancellor, Vinoba Bhave University and other universities whereby and whereunder the respondents have fixed the earned leave of 180 days till the issuance of Notification dated 06.08.2021 and after the notified dated 06.08.2021, the earned leave shall be counter for 300 days and accordingly fixed the cutoff date as 06.08.2021 for calculation of earned leave which is against the Statute on Minimum Qualifications for appointment of teachers and

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